Interoffice Memorandum
DATE: August 5, 2024
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Tanya Wilson, AICP, Director, Planning, Environmental, and Development Services Department
CONTACT: Renée H. Parker, LEP, Manager, Environmental Protection Officer
PHONE: (407) 836-1420
DIVISION: Environmental Protection Division
ACTION REQUESTED:
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Approval of Solid Waste Management Facility permit renewal application No. SW-22-09-001 for Hubbard Construction Company, for the facility known as Mid-Florida Materials, subject to waivers and conditions of approval. District 2. (Environmental Protection Division)
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PROJECT: Solid Waste Management Facility Permit Renewal Application SW-22-09-001 for the Mid-Florida Materials Class III Landfill by Hubbard Construction Company
PURPOSE: The applicant, Hubbard Construction Company dba Mid-Florida Materials, is requesting approval of application SW-22-09-001 for renewal of solid waste management facility permit No. SW-232027-LFCD-85/1212 for a Class III landfill known as Mid-Florida Materials. The site for the facility is approximately 221 acres located on the western side of Golden Gem Road, approximately ½ mile north of Ponkan Road, at 3602 Golden Gem Road, Apopka in unincorporated Orange County. The Parcel ID numbers for the site are: 23-20-27-0000-00-035 and 14-20-27-0000-00-019. The subject property is located in District 2.
The site has operated as a borrow pit since the 1960’s and continues to do so through a separate Public Works Excavation and Fill permit (78-E2-134 / 20-E2-0039). Hubbard Construction Company began operating a 40-acre construction and demolition (C&D) debris disposal facility at this site in 1987. In 1997 it was expanded to 80 acres and in 2000 to the current total of 221 acres. On September 23, 2014, the Board approved a permit modification to allow disposal of Class III solid waste and required the installation of a bottom liner prior to filling in the northern 100-acre portion of the site. The site has a total waste footprint of approximately 173 acres. Over 82 acres, including Cells 3A-6A in the southern portion, have already been filled and closed. Based on remaining airspace and intake rates the facility is anticipated to operate until approximately the year 2052. However, this longevity estimate can be impacted by factors such as market conditions, recycling rates, and compaction rates.
Class Ill solid waste can include combinations of yard trash and C&D debris along with other debris such as paper, cardboard, cloth, processed tires, glass, plastic, furniture other than appliances, and other approved materials that are not expected to produce leachate which poses a threat to public health or the environment.
There are currently no outstanding Notices of Violation for the facility. During the past permit cycle period, October 3, 2017, to present, the facility operator has worked with EPD staff to resolve any issues that have arisen. These have included ensuring adequate waste screening, weekly cover, roadway litter clean-up, and exit apron maintenance, as well as discouraging early arrival of customer trucks.
As part of the permit renewal process, the applicant sampled groundwater for the approximately 70 parameters required by the Florida Department of Environmental Protection (FDEP) for Class III landfills. At the time of permit renewal, Orange County Code additionally requires sampling for an expanded set of parameters. The applicant requested relief from evaluation of a small subset of the additional parameters, and the use of alternate standard laboratory test methodologies for several others. This still resulted in screening for approximately 140 parameters beyond the FDEP requirements. Based upon supporting documentation, the sampling history of the site, the lower likelihood of these parameters being leached from Class III waste, and the bottom liner, EPD staff supported this request.
The current permit (No. SW-232027-LFCD-85/1212) had an expiration date of December 3, 2022. In accordance with Orange County Code, Section 32-214(g), the facility has operated under an extension during the renewal application review period. The permit includes seven previously approved waivers (conditions #43 - #49 below) and no changes are proposed. There have been minor revisions to the Operations Plan and engineering plan sheets to reflect improved fill phasing and other updates, and the facility has satisfactorily addressed current code requirements. Conditions of Approval have been updated to reflect the latest submittals. Additionally, EPD is proposing deletion of a few permit conditions that are outdated or redundant (i.e. the same or equivalent wording exists in code), helping to streamline the permit. The complete renewal application submittals are on file at EPD and available online through FastTrack.
Pursuant to Orange County Code, Chapter 32, Article V, EPD has evaluated the permit renewal application and required documents and has made a finding that the request is consistent with the criteria in code. Upon approval by the Board, the permit renewal shall be valid for a period of five years with an expiration date of August 26, 2029.
Staff Recommendation:
Approval of the solid waste management facility permit renewal application SW-22-09-001, subject to the following conditions:
Conditions of Approval (CoA):
General
1. In the case of any conflict among these conditions, or between these conditions and applicable laws, the more extensive and restrictive requirements shall apply.
2. All plans, reports and other supporting documents submitted with the permit application, as approved, are incorporated as part of this permit, and operation shall proceed in accordance with these documents and the permit conditions. This permit includes, at a minimum, the following documents:
a. Permit Renewal Application, dated September 1, 2022, submitted by John P. Smith, P.E., HSA Golden, and prior permit documents cited by reference therein.
b. Response to Completeness Review 1 and Technical Review 1, dated November 3, 2023, submitted by John P. Smith, P.E., HSA Golden
c. Follow Up Response to Completeness Review 1 and Technical Review 1, dated November 16, 2023, submitted by John P. Smith, P.E., HSA Golden
d. Semiannual Groundwater Quality Monitoring Report September 2023, dated December 7, 2023, submitted by John P. Smith, P.E., HSA Golden
3. Facility construction and operations based upon this approval shall comply with all applicable federal, state and county laws, ordinances and regulations, which are incorporated herein by reference, except to the extent any applicable county laws, ordinances and regulations are expressly waived or modified by these conditions, or by action approved by the Board of County Commissioners (Board), or by action of the Board.
4. Facility construction and operations shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or his or her authorized agent) to the Board at the public hearing where this permit was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the permit, could have reasonably been expected to have been relied upon by the Board in approving the permit, or could have reasonably induced or otherwise influenced the Board to approve the permit. For purposes of this condition, a ”promise” or “representation” shall be deemed to have been made to the Board by the applicant (or his or her authorized agent) if it was expressly made to the Board at a public hearing where the permit was considered or approved.
5. Cost estimates for financial assurance shall be revised at least annually and also whenever changes in operation would cause a revised cost estimate to exceed the amount available through the financial assurance mechanism. Cost estimates shall be based upon the time period in the facility operation when the extent and manner of its operation make closing most expensive, subject to EPD approval.
Security and Site Access Conditions
6. The facility shall be open to the County for the purpose of inspection during normal working hours of the facility and at any other time when work is in progress. During periods of inactivity, such as during post-closure, upon request, the County shall be provided access to the site within one business day.
7. The hours of operation are limited to:
Monday - Friday: 7:00 a.m. - 5:00 p.m. (each day)
Saturday: 7:00 a.m. - 2:00 p.m.
Sunday: Closed
Receipt or shipment of waste, and waste processing, are limited to within the hours of operation.
8. Site access shall be controlled by a locking gate and an at least 6-foot-high security chain link fence around the perimeter of the site, or equivalent EPD approved method.
9. [Deleted - Redundant. Same or similar to Orange County Code Section 32-216(a)(13)c. and Chapter 31.5].
Operations and Waste Quality Control
10. This facility may receive for disposal on site: up to 1,400 tons per day, annual average, of Class III waste.
11. Each shipment of incoming waste must be inspected by a spotter, or interim spotter, trained and performing duties in accordance with Rule 62-701.320(15), Florida Administrative Code. Spotters shall perform their duties from a location where they can thoroughly inspect each shipment of waste for prohibited materials. The spotter(s) shall have the authority and responsibility to reject unauthorized loads. If unauthorized waste is identified during or after unloading, the spotter(s) shall have the authority and responsibility to reload the customer's vehicle for removal from the site. Finally, if reloading is not feasible, the spotter(s) shall have the authority and responsibility to assess appropriate surcharges and have the unauthorized material removed by on-site personnel. In all instances the transporter and generator of the unauthorized solid waste must be notified to prevent future occurrences, and a log of all such unauthorized waste shipments shall be maintained at the site.
12. The operator shall inform the County immediately of the receipt of any shipment containing greater than 25 gallons or 220 pounds of hazardous waste, or of the greater than de minimis discharge of any hazardous waste in the facility and provide a written plan within five days advising the date of discovery and how the hazardous waste was properly disposed. If laboratory confirmation is needed, the laboratory results shall be provided to the County. Once waste is confirmed to be hazardous, it shall be properly managed within five days. In the case of release or discharge above threshold quantities, the permittee shall notify the State Watch Office (1-800-320-0519).
13. Chromated Copper Arsenate (CCA) treated wood shall not be stored or disposed in a manner that may discharge leachate to unlined cells of the facility.
14. [Deleted - Obsolete. Referenced cells are already closed.]
Ancillary Operations Conditions
15. The site may perform ancillary operations for the recycling of metals, concrete, as well as yard trash as proposed. Any other ancillary operations may not be performed without prior EPD approval.
16. Stockpiling of materials to be recycled longer than six months is not permitted.
17. Recovered materials must be shipped out within one year of processing.
Community Issues
18. The only permitted haul routes (for non-local vehicular travel to and from the site) are:
a. On Golden Gem Road between the site and Ponkan Road
b. From Plymouth-Sorrento Road to Ponkan Road to Golden Gem Road
c. From SR441 to Ponkan Road to Golden Gem Road
In areas of restricted travel on county roads, the County shall post signs indicating restrictions.
19. Haul vehicles arriving prior to approved hours of operation (before 7:00 a.m.) will be directed away from the facility and vicinity, or to park in a designated staging/overflow area on site, location subject to EPD approval, and may not be processed in any manner including check-in, weighing, loading, and/or unloading prior to 7:30 a.m. Haulers who do not comply with these instructions be recorded on a list and banned from the site for at least 30 days. The facility must check incoming customers against this list.
It is the operator’s responsibility to ensure that adequate procedures, space, staff, and backup equipment is available to prevent queuing of customer vehicles on Golden Gem Road. If/whenever queue extends onto Golden Gem Road, the facility operator shall implement measures to immediately abate on-road queuing. This may include redirecting customers to the designated staging/overflow area on site. In addition to implementing other measures to prevent on-road queueing, the operator must pay to conduct a traffic study, and for the design and construction of a dedicated left-turn lane, if either or both are determined warranted by the County Engineer.
20. The facility shall coordinate and pay through the Orange County Sheriff’s Office, Off-Duty Services for traffic patrol within vicinity of the facility. A minimum of $1400 of service shall be contracted each month and distributed over varied weekdays. Records shall be kept for at least one year and available upon request.
21. The permittee shall be responsible for clean-up of all litter generated from the permittee's operation per Section 32-113 and 32-216(a)(13), County Code. The permittee shall be responsible for clean-up of customer generated litter from:
a. Ponkan Road between Plymouth-Sorrento Road and Golden Gem Road, on
an as-needed but not less than weekly basis.
b. Golden Gem Road on a daily basis.
Clean-up shall take place along publicly accessible rights-of-way and with all necessary safety precautions.
22. [Deleted- Redundant. Same or similar to Orange County Code Chapter 15 Art III, Section 32-216(a)(26), and 62-701.530 Florida Administrative Code].
23. [Deleted - Redundant. Same or similar to Orange County Code Chapter 28, Article II].
24. [Deleted - Redundant. Same or similar to Orange County Code Chapter 28, Article II].
25. [Deleted - Redundant. Same or similar to Orange County Code 32-216(a)(23) and Operations Plan].
26. [Deleted - Redundant - Same or similar to Orange County Code Chapter 15 Art III and Section 62-296.320, Florida Administrative Code]
27. The permittee will continue its “good neighbor policy” relating to surrounding residents, including acceptance of appropriate construction and demolition debris in small quantities, and donation of small quantities of clay for the private use of surrounding residents.
28. The permittee will continue the agreement with the County to donate the southerly 120 acres of the site (the “Park Site”) to Orange County after post-closure of the site is completed according to the post-closure plan. The latest version of this Agreement, dated August 21, 2018, is recorded in the public records of Orange County as DOC # 20180563202. The terms of the agreement shall include the following:
a. Within an agreed-upon time period after post-closure of the landfill is completed, the permittee shall offer to donate the park site to the County, and the offer shall remain in effect for no fewer than 365 days.
b. Upon the County’s receipt of the offer to donate, the County staff shall have 365 days to review the status of the park site and submit a report to the Board as to its suitability as park land.
c. The County shall accept donation of the park site after post-closure and submission of the staff report unless the Board decides at that time not to accept the site.
d. The permittee shall indemnify the County, hold the County harmless from all liability arising out of any site conditions which occur or were caused prior to donation to the County and liability arising from any site conditions occurring after donation to the County, the cause of which conditions can be traced to the time the applicant was operating the landfill or to the post-closure time period, except for liability arising out of settling of the land.
e. Should the County accept donation of the park site, the County shall use the site for park or recreational purposes only, failing which, the park site shall be reconveyed to the permittee.
Also see COA (Condition of Approval) # 63.
Site Monitoring / Stormwater Conditions
29. If deemed appropriate by EPD, the permittee shall provide an additional monitoring well at a location to be determined by the permittee and EPD.
30. If deemed appropriate by EPD, in addition to the groundwater sampling events required by this permit, EPD may conduct an additional annual sampling event at the owner’s expense.
31. In Cells 7-10, interior side slopes of 3H:1V or flatter are allowed during liner installation and subsequent filling.
32. The pit floor is to be graded in accordance with the approved interim stormwater management plan prior to accepting waste. Ponding of water at the pit floor is not allowed, except in appropriate operation phase ponds; it must be graded progressively to cause stormwater runoff to flow away from the debris. The approved post closure plan is to be constructed progressively as the site is closed.
Reporting and Record Keeping Conditions
33. The following items shall be made available for review during inspections at the facility:
a. A copy of the complete permit including plans, reports, and other supporting documents;
34. The following items shall be retained for a period of at least three years and made available for review during inspections at the facility:
a. Copies of unauthorized-waste receipt logs maintained in an unauthorized-waste receipt logbook;
b. Copies of manifests for any hazardous waste, universal waste, or regulated non-hazardous waste, shipped off-site;
c. Copies of credentials and training records for operators and spotters;
35. The following items shall be submitted to the EPD on a quarterly basis and made available for review during inspections at the facility:
a. A report of solid waste type and quantity managed at the facility, including the amount and destination of treated, recycled or recovered materials leaving the site for reuse, used as raw material or disposed;
b. [Deleted - Obsolete]
c. A report of inspections and any repairs performed to environmental protection measures such as the landfill cover, drainage, liners, monitoring system, as well stormwater controls;
36. The following items shall be submitted to the EPD on an annual basis:
a. Certified topographic survey in accordance with Section 32-215(a)(2) County Code;
b. An estimate of remaining volume (airspace);
c. Current cost estimates for closure and post-closure activities and proof of financial assurance in accordance with Section 32-216(a)(27) County Code;
Fires, Emergency Preparedness, and Continuity of Operations
37. The operator shall comply with the Fire Fighting Agreement and the Contingency Plan in the Operation Plan and shall inform the EPD immediately of any fires that persist longer than one hour.
Closing Conditions
38. The permittee shall notify the EPD in writing prior to ceasing operations and specify a closing date. No waste shall be received by the facility after the closing date.
39. The permittee shall provide a certification of closure construction completion to the EPD within 30 days after closing, covering, and seeding the disposal unit. The owner or operator shall also provide a final survey report done by a professional surveyor and meet the requirements of Section 32-215(a)(2) Orange County Code.
40. The permittee shall continue to monitor and maintain the facility for 30 years from the date of closing. This time period shall be extended if assessment monitoring or corrective action has been initiated or if site-specific conditions make it likely that any contamination which may emanate from the disposal area would not be detected within 30 years.
41. For the final groundwater sampling event, prior to the end of the post-closure period, wells shall be sampled for all of the parameters specified for well background evaluation in Section 32-216(a)(24)c. Orange County Code.
42. Closed landfill areas, if disturbed, are a potential hazard to public health, ground water and the environment. The EPD retains regulatory control over any activities which may affect the integrity of the environmental protection measures such as the landfill cover, drainage, liners, monitoring system, or leachate and stormwater controls. Consultation with the EPD is required prior to conducting activities at the closed landfill areas.
Waivers (previously approved by the Board)
43. A waiver has been approved to allow this Class III landfill to be constructed and operated, as shown on the approved plans, within the Primary and/or Secondary Floridan Aquifer Vulnerability Zones of the Wekiva Study Area.
44. A waiver has been approved to allow the EPD manager to make a determination concerning liner exemption in Cells 3A-6A utilizing an equivalent FDEP determination, in lieu of results of the review by a third-party consultant.
45. A waiver has been approved to allow a less than five-foot separation between the base grades and the Seasonal High Water Table, in the bottom lined portions of the landfill, Cells 7-10, as shown on the approved plans.
46. A waiver has been approved for elevations of up to 50 feet above grade as indicated on the approved plans.
47. A waiver has been approved to allow reduced setbacks, 50 feet for C&D debris and 100 ft for Class III waste, placed above grade in the southern and portions of the western boundaries, as indicated on the approved plans.
48. A waiver has been approved providing that no trees are required along the boundary shared with the adjacent landfill, unless the adjacent site is developed as other than a solid waste management facility in the future.
49. A waiver has been approved to allow the use of plans depicting base grade and final grades using 2-foot instead of 1-foot contour intervals.
Board of Zoning Adjustment
50. The facility shall be subject to the conditions of approval for Special Exception SE-11-08-061 and any future amendments.
51. [Deleted - Redundant. Same as SE-11-08-061 condition of approval.]
52. [Deleted - Redundant. Same as SE-11-08-061 condition of approval.]
53. [Deleted - Redundant. Same as SE-11-08-061 condition of approval.]
54. [Deleted - Redundant. Same as SE-11-08-061 condition of approval.]
55. [Deleted - Redundant. Same as SE-11-08-061 condition of approval.]
56. [Deleted - Redundant. Same as SE-11-08-061 condition of approval.]
57. [Deleted - Redundant. Same as SE-11-08-061 condition of approval.]
58. [Deleted - Redundant. Same as SE-11-08-061 condition of approval.]
Additional Conditions (previously approved by the Board)
59. In addition to any water quality monitoring required under Orange County Code, Chapter 32. Article V, the water quality monitoring plan shall include the semi-annual collection and testing of groundwater samples from at least seven monitoring wells screened in the upper Floridan aquifer, at locations and phased as approved by EPD.
60. This facility will neither accept, nor dispose of onsite, materials identified as regulated asbestos-containing materials.
61. The permittee shall maintain landscaping along the entire eastern property boundary line, consistent with a Type C opaque buffer, as described in Orange County Code, Section 24-5 - Buffer Yards. The permittee shall maintain landscaping along the entire northern property boundary line, consistent with a Type C opaque buffer, as described in Section 24-5 Buffer Yards.
62. The establishment of a Class I landfill on any portion of the site shall be prohibited.
63. The permittee shall continue the existing Agreement to Offer Donation of the south 120 acres to the County, to include the entire 221-acre site, under the same terms and conditions.
64. The permittee shall establish and continue to maintain an annual recycling rate of 50 percent, by volume or by weight, of incoming materials to the extent economically feasible. The permittee shall establish a goal of a 75 percent recycling rate by the year 2020 and shall use its best efforts to attain such goal, to the extent economically feasible.
BUDGET: N/A